At a time when school districts are already facing stressful staffing challenges, it is critical to be prepared to fill mid-year openings as efficiently as possible.
Texas Education Code §11.1513(e) addresses these vacancy needs by providing an exception to the ten-day posting rule for a full-time position requiring a State Board for Educator Certification (SBEC) certificate or nurse. If the district must fill such a vacancy in less than 10 school days, the district is not required to keep the position posted for ten school days prior to placement and is not required to give current district employees a reasonable opportunity to apply for the vacant position. The district may choose to shorten the posting time as needed, though ideally, this timeline should remain consistent across all mid-year posted listings.
The district must still provide notice of the position as soon as possible after the vacancy occurs by posting on the district’s website, if the district has one, or on the bulletin board in each campus’s administrative office and the central administration office. Posting at administrative offices are optional if the position is posted on the website.
Reassignments & Transfers
According to TASB Policy DK(LOCAL), “[a]ll personnel are employed subject to assignment and reassignment by the superintendent or designee when the superintendent determines that the assignment or reassignment is in the best interest of the district.” Local policy defines reassignment as the “transfer to another position, department, or facility that does not necessitate a change in the employment contract of a contract employee.” Before reassignment, verify the terms of the employee’s contract don’t specify a particular position. This should not be a problem for districts using the TASB model contracts in the HR Library (member login required). These contracts model use of a professional capacity to provide some flexibility in reassignment during the terms of the contract. Additional information regarding reassignments can be found in the HR Library topic Assigning and Reassigning Personnel.
Nicolle Gee-Guzman joined the HR Services team as an HR and compensation consultant in 2022. She has more than 28 years of experience working in various roles in human resources within the public sector. Most recently, Gee-Guzman was the director of human resources for a Texas public school district.
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